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Draft National Ports Amendment Bill Drawn Up

July 11, 2019

Department of Transport

11 July 2019

A draft bill designed to correct technical deficiencies in the National Ports Act has been published for comment.

The transport department published the Draft National Ports Amendment Bill in Government Gazette 42574.

The bill aims to:

• amend the National Ports Act, 2005, so as to substitute and insert certain definitions;
• amend the provisions dealing with the establishment of the Regulator;
• amend the provisions dealing with the funding of the Regulator; and
• provide for matters connected therewith.

Proposed changes include updating of the definition on the Companies Act to include reference to the 2008 act, a new definition on port facility which means “any operation which has a geographically determined place within a port of operation for the provision of port services and is not a port terminal” and a new definition on port user which means “any current or future user or provider of a port facility, port services, port terminals, port infrastructure, port repair facilities, off-shore cargo-handling facilities or terminal operations”.

Additional sources of funds for the Ports Regulator are proposed including regulatory charges imposed as a share of the approved total revenue allowed to the Authority by the Regulator and money received from any other source with the approval of both the finance and transport ministers.

According to the draft bill’s memorandum, the proposed changes to the funding model are in response to requests by the transport minister to the Regulator to put a sustainable funding model in place.

Independent and secure funding is perceived to be important in facilitating a degree of autonomy for the Regulator.

Comment is invited within 30 days of the date of publication.